The Practical Research On Crimes Of Infringing Business Secret

The crime of infringing business secret has been written in Criminal Law of the People's Republic of China for seventeen years.It helps to severely punish criminal act of the crime of infringing business secret,protect the legal rights of owner of business secret,and maintain the order of the market economy.However,in our country the researches on criminal protection of infringing business secret persist for a shorter period of time,so there exists different views on the conception and component of this crime.The public also have different understandings towards it.Moreover,the economic activities are complicated.All these factors lead to a lot of controversies in the judicial practice of this crime.So it is significant for us to improve the legislation of China's judicial practice of the crime of infringing business secret.Taking the case of Zhu's infringing business secret as an example,this paper tries to discuss the controversial issues appearing in the practice of the crime of infringing business secret.This paper consists of three chapters.The first chapter backtracks the details of the case of Zhu's infringing business secret and draws the main controversies of this case,such as the cognizance of secrecy of business secret,the infringing act and the calculation of great losses.The second chapter makes a theoretical analysis of the controversies in the case.First,this paper amplifies the definition and identification criteria of the secrecy of business secret and also analyzes the explicitness and relativity of the secrecy.Second,it amplifies behaviors of the crime of infringing business secret and discusses the cognizance of breach of statutory duty infringing act,negligent infringing act,and the act of bona fides third party's continuing use after knowing second party's infringing act in the legislation of this crime.Third,it discusses the meaning,identified standard and the calculation of great losses.The difficulties of judicial cognizance of the great losses are also analyzed.The third chapter gives some suggestions on the improvement of legislation of the crime of infringing business secret.In the legislation of infringing act.It gives suggestions on the following aspects: breach of statutory duty infringing act,negligent infringing act,and the act of bona fides third party's continuing use after knowing second party's infringing act.In the legislation of great losses,it suggests to add the identification standard to the law,make clear the connotation of it and construct the identification rules.In the legislation of judicialexpertise,this paper puts forward suggestions on organizations and staff qualifications,contents and cross-examination of judicial expertise.